Friday, May 22, 2020
The Character of Mrs. Sommers in Chopinââ¬â¢s A Pair of Silk...
The Character of Mrs. Sommers in Chopinââ¬â¢s A Pair of Silk Stockings The attempt to escaping reality proves to be a timeless act in A Pair of Silk Stockings by Kate Chopin. The wishful Mrs. Sommers surprisingly finds herself with a sum of money unusually large for her circumstances and in her relishing and spending it reveals herself to be truly a woman of good intentions but who is weak for the intensity of the moment. Chopin has developed a character in Mrs. Sommers who plays out the fantasy of all people, rich or poor: to be someone they are not and for a day live someone elses life. Mrs. Sommers demonstrates characteristics of a prized knight such as chivalry and frugality yet confirms her mere humanity byâ⬠¦show more contentâ⬠¦As her life was, she had no free time to spend with them because the needs of the present absorbed her very faculty(194). She even forgets to eat because of her preoccupation with taking care of her children! So, in her mind, the act of purchasing nice clothes for her children benefited her almost more than them. Mr s. Sommers indeed is a chivalrous woman toward her household. In todays society the quality of being frugal may be looked upon not as an asset but as a drawback to a persons personality, but Mrs. Sommers shows frugality to be a beaming attribute. Her way of being conservative in her spending not only tells that she has a well developed sense of economy but also that she understands her circumstance is not one which she can freely purchase as she pleases. In relishing the thought of spending such a sum of money, as she has now been given the opportunity, Mrs. Sommers does not rush out to splurge her new found wealth as so many people have been known to do. Instead she attempts to spread it out making it work in the most sufficient way possible. Her thriftiness reveals that she looks to the future and is not just caught up in her present situation. She is a levelheaded woman with responsibilities and concerns. Even when she meets her first possible purchase at the silk stocking counter she thinks over the bargain she will receive and makes her decision very carefully. Although her spending isShow MoreRelatedDesirees Baby Literary Analysis1989 Words à |à 8 PagesKate Chopinââ¬â¢s stories Desirees Baby, The Story of an Hour, At the Cadian Ball, and A Pair of Silk Stockings, were written in the 19th century in times when women had no rights, and had to portray an image of a loving wife. They were considered selfish if they thought otherwise, and their job was to make their husbands happy at all times. This was the century of a turning point for women, in which they had desires test their limits imposed on their sex. Critics of her stories list the analysisRead MoreAnalysis Of Cather s A Pair Of Silk Stockings 1489 Words à |à 6 Pagesearlier society put on womenââ¬â¢s shoulders. Throughout time, women have played the role of the quiet house wife. Society enforces the expectations that women should follow societyââ¬â¢s demands over their own desires. In Chopinââ¬â¢s story ââ¬Å"A Pair of Silk Stockings â⬠the main character, Mrs. Sommers, wished to escape the typical role of a busy housewife and wanted to live independently in the life of luxury. These writings are relevant today since feminism hasnââ¬â¢t prospered to the point that both men and womenRead MoreThe Story of an Hour and A Pair of Silk Stockings Essay example1299 Words à |à 6 Pageslater in life. Realism is represented in Kate Chopins short stories The Story of an Hour and A Pair of Silk Stockings. In both the short stories, the main characters get to face a dream/fantasy that theyââ¬â¢ve always wanted to encounter; something rare that lasted only for a short amount of time. The freedom that each character got was some sort of new freedom that they never experienced before. For example in The Story of an Hour, the main character Louise Mallards is feels oppressed because sheRead MoreA Brief Note On Kate Chopin s Chopin 1642 Words à |à 7 PagesMaddy Mummey Mrs. Corby AP English 12 20 April 2015 Kate Chopin Kate Chopin was a successful author of numerous short stories and novels during her life; many critics refer to her as a forerunner author of the 20th century (Kate). Throughout Chopin s life and the many experiences she endured, she grew a great sense of respect and empowerment towards women. However, she is not categorized as a feminist or a suffragist (Kate). Chopin insistently supported the revolutionary notion that women wereRead MoreModern Heroine By Kate Chopin1363 Words à |à 6 PagesBack in the 1800s women characters, whether fictional or not, could not be portrayed as rebellious, working, or even sexual beings. Of course there were some authors that did not follow these rules and they were not being published. Others, instead, wrote their works in a way that would be accepted by society rules, however, they were still making strong-minded women protagonists. One of these very famous authors is Kate Chopin. In every short story or novel her main character was a female. No t manyRead MoreAnalysis Of Kate Chopin s The Things That A Woman 1361 Words à |à 6 PagesBack in the 1800s women characters, whether fictional or not, could not be portrayed as rebellious, working, or even sexual beings. Of course there were some authors that did not follow these rules and they were not being published. Others, instead, wrote their works in a way that would be accepted by society rules, however, they were still making strong-minded women protagonists. One of these very famous authors is Kate Chopin. In every short story or novel her main character was a female. Not manyRead MoreAn Examination Of How Kate Chopin s Work1298 Words à |à 6 Pages920022413 Due Date: April 20, 2015 An Examination of How Kate Chopinââ¬â¢s Works Taken Together Contribute to our Understanding of Her Time and the Place of Women in Society Looking at themes present in his short stories and novels, Kate Chopin presents examples of female strength and an assertive rebellion to the social norms during the late 1800s. By seeking to transparently and boldly portray the risquà © behavior of her lead characters, which are with few exceptions also strong women as well, sheRead MoreWomen s Search For Selfhood2169 Words à |à 9 PagesWomenââ¬â¢s search for selfhood, for self-discovery or identity are themes that are represented in Kate Chopinââ¬â¢s work. Chopin was on the same regular path as other women in her era. She got married at the age of twenty and had six children. When her husband passed away Chopin wanted to support herself so she decided to start writing which was also an outlet for her feelings. During the nineteenth century women were getting sick of the rules that were forced on them and Chopin expressed her feeling towardsRead MoreAnalysis of Kate Chopins Writing1753 Words à |à 8 PagesKate Chopin Many people look at Kate Chopinââ¬â¢s writing as all one sided for womensââ¬â¢ rights. The idea of her being a woman and wanting gender equality blinds people about a more important message. This message is that all people have faults about them and that some men can be strong and some can be weak, and the same goes for women. Humans, more or less human nature itself, have many flaws about them. Kate Chopin uses figurative language to create a main character or idea that tries to overcome an obstacle
Thursday, May 7, 2020
Behavioral Science Article Review - 538 Words
Article review In behavioral science, there has been a long time interest in the method biases. This article in concerned with the influence that the biases have in the research results in the field of behavioral science. The paper also looks at the aspects that cause the occurrence of the biases. The paper also expounds on the human cognitive process that allows the human behavior and response to measures in the research to be influenced by the biases. The article also evaluates the various statistical techniques and procedural techniques that can be employed towards controlling the biases that may exist in such human behavioral science research. At the end of the paper, there are various recommendations that are given in connection to selection of the best procedures in such researches as well as the statistical remedies that can be employed depending on the setting of the research being conducted. Method biases are pointed out to be one of the reasons behind the measurement errors. These measure ment errors therefore contribute to weakening of the validity of conclusions particularly the conclusions on the relationships between measures that are used in the research. These measurement errors are here grouped into random and systematic components. The common method biases are indicated to be emanating mainly from having a common rater, using a common measurement context, employing a common item context or even emanate from characteristics of the characteristics ofShow MoreRelatedOrganisational Development And Organizational Development1604 Words à |à 7 PagesThe Organisational development article I have chosen gives context to Organisational development theories from early teachings to more recent academic research highlighting disconnect among OD researchers. The OD article is from the journal of applied behavioural science. Literature review explains shortcoming among OD research. I chose the OD article for the in-depth analysis of this subject from early theories to m ore recent models of practice. The author discusses the implications for researchersRead MoreAttention Deficit / Hyperactivity Disorder1656 Words à |à 7 PagesAttention-Deficit/Hyperactivity Disorder is one of the most common well- known behavioral disorders, that is defined by the DSM as having a ââ¬Å"persistent pattern of hyperactivity/impulsivity and inattention, for at least six months and it is so severe that it interferers with your developmentâ⬠. As of 2013, it affects 11 percent of children between the ages of 4-17 and is more prevalent in boys than in girls. (http://www.additudemag.com/adhd/article/688.html) ADHD with aggression is very common as well. The aggressionRead MoreEvidence Based For Nursing Essay1023 Words à |à 5 PagesEvidence-Based Behavioral Treatment for Diabetes The article I have read and am doing a peer review on the utilization of the psychosocial adaptive behavior change concept which is referred to as Problem Solving Therapy (PST). The article describes the useful methods plus also describes the use of application of technique and explores the research evidence that demonstrates improvements on diabetes health outcomes. According to the American Association of Diabetes Educators (AADE), the best resolutionRead MoreArticle Review : Deep Correspondence Restricted Boltzmann Machine For Cross Modal Retrieval979 Words à |à 4 PagesArticle Review : Deep correspondence restricted Boltzmann machine for cross-modal retrieval Review Submission : ACN 5314.5H1 - Computational Modeling Methods in Behavioral Brain Sci. Reviewer : Jithin Pradeep R jxp161430@utdallas.edu School of Behavioral and Brain Science, The University of Texas at Dallas December 16, 2016. Deep correspondence restricted Boltzmann machine for cross-modal retrieval: Jithin Pradeep Article Review. Article Review : Deep correspondence restricted Boltzmann machineRead MoreCase Summary : Security Fraud1626 Words à |à 7 Pageswhy Mr. Shkreli s Case is the ideal case is due to the fact that it will allow for a more depth analysis on why individuals commit fraud. In one of the articles I will be annotating as one of the 5 sources, the psychology and sociology behind why individual commit fraud will be annotated, and Mr. Shkreli fits excellently as an example of the articles reinterpretation of the Fraud Triangle. A Canadian Strategy to Combat Investment Fraud is a report that illustrates what fraud is, the types of fraudulentRead MoreBiological Influences On Personality : Temperament, Personality, And Life Span Development1030 Words à |à 5 PagesLiterature Review The topic of research was Biological Influences on Personality: Temperament. Personality is not just something we learn, there are also biological influences that help shape a personââ¬â¢s personality. Our book refers to temperament as biologically based emotional and behavioral tendencies that are evident in early childhood (Cervone D., Pervin, 2015 p.488). Each article provided an insight on how biology plays an important role in our personality/temperament. In the article Nature overRead MoreThe Role Of Sociocultural, Socioeconomic, And Diversity Factors1414 Words à |à 6 PagesLiterature Review Purpose: Demonstrate knowledge and appreciation of the role of sociocultural, socioeconomic, and diversity factors and lifestyle choices in contemporary society. (ACOTE Standard B.1.4) Articulate the importance of balancing areas of occupation with the achievement of health and wellness. (ACOTE Standard B.2.4). Explain the role of occupation in the promotion of health and the prevention of disease and disability for the individual, family and society. (ACOTE Standard B.2.5) ExpressRead MoreTthe Role of Amoeba in Human Disease805 Words à |à 3 PagesReview the Role of Amoeba in Human Disease Introduction Free-living amoebae (FLA) are eukaryotic organism found ubiquitously in nature. They are found in soil (dust), air, water and air, which provide amoeba multiple opportunities to spread (c). These can be pathogenic or non-pathogenic. Pathogenic FLA can invade and cause opportunistic and non-opportunistic infections in humans, which are found in the genus Acanthamoeba, Balamuthia mandrillaris, Naegleria fowleri, and Sappinia pedata (b). HartmannellaRead MoreCognitive Behavior Therapy And Therapy1201 Words à |à 5 Pagesbirth to what is called the first generation of behavioral therapy, which is now called cognitive behavior therapy. The second generation of was birth fourth after empirical study began to be done on our thoughts and thinking and how they affect our emotions and behavior. It was also helped along by social psychology (understanding the complex ways in which individuals interact and think about each other) and attribution theory. When computer science and programing came along it provided the perfectRead MorePsychology : Psychology And Psychology1267 Words à |à 6 Pagesin behaviorism. This means he was interested in the behavior of people and how they act and react. Through his article, Psychology as the Behaviorist Views it, He talked about the importance of the development of psychology. Even though he saw this development, he believed more research needed to be done on behavior. So, how does psychology influence the world? Through this behavioral approach, analyzing peopleââ¬â¢s behavior helps psychologists and others understand the desires of others and how different
Wednesday, May 6, 2020
Consumer Law in Mauritius Free Essays
string(409) " primary goal of such laws is to ensure that consumers have their rights clearly spelled out and that companies which sell goods or provide services can make out the demarcation line between lawful and unlawful activities involved in their businesses while dealing with consumers and thus happen to clearly get to know their responsibilities and what consumers expect of them in terms of quality and pricing\." TABLE OF CONTENTS Acknowledgementsâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. Page 2 Sources And Referencesâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. We will write a custom essay sample on Consumer Law in Mauritius or any similar topic only for you Order Now Page 3 The Emergence of Consumers in societyâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. Page 4 The Consumer viewed in an economical scopeâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 4 ? Relationship between the consumer and the demand and supply theoryâ⬠¦Ã¢â¬ ¦. Page 4 ? Factors influencing demandâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 5 What is Consumer Law?. â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 6 Why the need for Consumer Laws? â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Pa ge 6 Consumer Vulnerabilityâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 6 The Implications of Consumer Lawsâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Page 7 The Socio-economic evolution of Mauritiusâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Page 8 ? A brief history of Mauritiusââ¬â¢ economyâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ Page 8 ? Consumer Protection Act 1998 (some sections) â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Page 9 ? Fair Trading Act 1988â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 11 ? Breakthrough in the Consumer Protection Lawsâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦P age 13 ? ACIM as an advocate of consumer rightsâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Page 14 The right to Safe Environmentâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. â⬠¦Page 15 The right to Safetyâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. Page 16 The end noteâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Page 17 Acknowledgements Our team would first of all like to thank Dr. Jankee for this opportunity of evaluating ourselves in a field completely new to us and to venture into the different aspects of our topic for a greater understanding. We would also like to thank Mr. Jayen Chellum ( Director Of ACIM ) for his unconditional support and interest into making us more aware of the threats to consumers in the Mauritian context and for showing us the path to take for the completion of this group assignment. Last but not the least, we are utterly grateful to Mr. Kailash Trilochun ( Barrister ), for his effort into demonstrating to us the legal aspects and implications of our project. 2 Sources and References ? Major Achievements of ACIM Stat Sheet ? Consumer Law ( Key Facts ) Book ? http://www. geocities. com ? http://www. google. com ? http://www. wikipedia. org ? http://www. supremecourt. mu ? http://www. wiki. answers. com ? http://openlearn. open. ac. uk ? http://www. bized. co. uk ? ttp://tutor2u. net 3 CONSUMER LAW The Emergence of Consumers in society In ancient times the countries of the world were governed by sole figures. Kings, emperors, sovereigns, rulers or whatever way they were entitled, bore the same similarity; that is all of them lead their respective countries as chiefs. The people had to abide by the laws and the word of those individual characters and possessed no tangible rights. They were therefore treated by rulers as pawns on a checker board. The condition of the people and their absence of rights stayed constant with the advent of a new type of social structure, the communist society. As centuries went by, the people became more aware of democratic methods and much more knowledgeable of the equality of other human beings in terms of gender, ethnicity and so on. This caused a revolution on a global scale as the rights of each and every human being started to be acknowledged and respected. With the emergence of a series of codes of conduct, later labeled as ââ¬Å"Lawsâ⬠, people began to enjoy a more civilized lifestyle. Trade became more commonplace and people relished the buying and selling of goods and services which ultimately resulted in the ââ¬Å"buyersâ⬠of goods and services being tagged as ââ¬Å"consumersâ⬠. The Consumer viewed in an economical scope A consumer, as defined by the doctrine, is an individual who enters into a transaction primarily for personal, family or household purchases. Yet in many routine cases a consumer is not necessarily a purchaser in the real sense of the term; a consumer could also be someone enjoying public and free facilities and yet demanding a top notch quality and the same standards as services or goods they pay for. Relationship between the consumer and the demand and supply theory A consumer is therefore expected to be someone who is a rational decision maker and who seeks to maximize utility and thus buys in accordance to his needs and wants for a greater satisfaction rate. 4 It is an undeniable fact that the consumer represents the demand in an economy; Therefore the greater the number of consumers, the greater the demand for products thus implying that the increase or decrease of consumers can directly affect demand in a proportional way. This situation clearly demonstrates that the viability of a certain market depends on the demand from those very consumers hereby entailing that not only does the consumer affect the demand but also has a great impact on the supply factor. In the instance of a shoe making factory, if the consumers, (here signifying demand), for the shoe industry fall in rate, then the supply for that particular good also suffers from this lack in demand rate. In such a case, the consequent scenario would either be that the consumers increase demand at a certain point in time and the factory survives the test of time, or the consumers turn away from that particular good for a long period of time thus compelling the factory to shut down. As a result this example shows us the direct relationship between the demand and supply and the role of the consumer in determining the survival of a particular market. Factors influencing demand However, we should consider the determining causes to fluctuating demand and the consequent supply before actually getting into the subject of what consumer law really is about. The particular factors influencing demand are as follows: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Fashion Avertising Age Quality Taste Income Size of the population Price of substitutes Price of complements These factors subsequently affect the judgment of the consumers and thus has a great impact on the supply and the market in general. What is Consumer Law? Consumer law is a particular fragment of law which is designed to protect consumers against abuse or any kind of unlawful transactions as well as providing them with the necessary legal means of obtaining reparations for damages caused by faulty products or inadequate services. However consumer law is a complex phenomenon, as it is never complete in itself and it is disseminated and scattered over various seemingly unrel ated statues which do not ensure a comprehensive and enhanced protection of the consumer. Why the need for Consumer Laws? The primary goal of such laws is to ensure that consumers have their rights clearly spelled out and that companies which sell goods or provide services can make out the demarcation line between lawful and unlawful activities involved in their businesses while dealing with consumers and thus happen to clearly get to know their responsibilities and what consumers expect of them in terms of quality and pricing. You read "Consumer Law in Mauritius" in category "Law" It is therefore obvious that the consumer and the suppliers or service providers are interrelated and interdependent, that is the supply or service providers rely on the demand of the consumer as much as the consumers rely on the supply of excellence in terms of goods and services. Thus this inter-reliant relationship makes it indispensable for the judiciary body and the government to ensure that both contracting bodies are in an equitable position, where there is no exploitation of the most influential party over the weaker one and this is where the consumer law comes into play. The main branches of law concerned with the protection of the end users and the abuse of and the compliance of these guidelines are firstly the Civil Law and the Criminal Law. Consumer Vulnerability The question of the rights of consumers is growing considerably important worldwide as days go by. Governments have implemented numerous laws to 6 assure that end users have the same rights as the manufacturers or service providers. Consumer Protection Law or Consumer Law is considered as an area of public law that regulates private law relationships between individual consumers and the businesses that sell goods and services. Consumer protection encompasses a wide range of different yet linked topics such as (i) Product Liability which implies that manufacturers, distributors, suppliers, retailers are liable for the damages or injuries their products cause in the eyes of the law. Privacy Rights pertaining to the rights of the consumer but more of a human rights issue about the right to privacy. For example, the right to keep a personââ¬â¢s religious practices on a private level. Unfair Business Practices such as fraud, misrepresentation and other consumer and business interactions. ii) (iii) Therefore these laws generally deal with the aspects of credit repair, product safety, service contracts, bill collector regulation, pricing, utility turnoffs, consolidation and personal loans that may lead to bankruptcy. All of these arguments actually pointing out the urgent and impending need for government legislation to advocate the basic rights of the consumer to have access to the best service or goods avail able without being victims of any kind of unlawful activities. The Implications of Consumer Laws Over the years, consumer laws have been growing in importance and have boosted in efficiency. These specific set of rules make it an obligation on businesses to respect the interest of consumers. In so doing, the consumer laws compel businesses to disclose detailed information about their products or services particularly in areas where the public, which in our case is referred to as consumer, is at risk, namely places where health, sanitary and hygiene issues are frequent. For instance fast food outlets and hospitals are the most common locations related to such aspects. 7 Thus it goes without saying that the protection of the consumer depends wholly and solely on their basic rights and the laws that regulate the parties involved, that is the goods or service provider and the end user. The Socio-economic evolution of Mauritius Putting aside the general aspects and characteristics of consumer laws abroad we reach a point where we do ask ourselves what exactly is the state of affairs regarding consumers and if the laws regarding their protection and fundamental rights in purchasing and enjoying quality service are being respected and complied with or not. Nevertheless, it is of utmost importance to turn back a little in time to properly assess the current situation and to be able to make a comparative study of the situation in the past and the situation today. A brief history of Mauritiusââ¬â¢ economy After Mauritiusââ¬â¢ independence in 1968, the country was in a situation of utter distress. Huge balances of payment defeat, soaring unemployment, a surging population and massive levels of debt are some of the major predicaments the state had to confront. Fortunately, with the help of the Professor Meade and quite a few political leaders of that time, the country somehow managed to withstand the harsh conditions and defy most of the apocalyptic predictions made about the survival of the country as an autonomous body. Mauritius adhered to the advice of Meade in its diversification process but used its own state creativity and capacity to deal with the pressing affairs of the country. The Mauritian State invested a lot of its intellectual ad financial resources into hauling out the majority of its people from utmost poverty and sparked a revolution of aspirations nationwide. What made Mauritian success story include industrial policies based on an expert-led diversification strategy, dedicated and competent bureaucracy, the dearth of conflicting ideologies, a strong welfare state, human faced structural adjustment, successful demographic control, tapping of preferential 8 rrangements, economics of ethnicity and cultures and a ââ¬Å"habitâ⬠for institutional engineering. Nevertheless it is an undeniable fact that with the beginning of this new technological, fast-tracked and globalization oriented era, new challenges are surfacing and along with them the uncertainties and queries regarding the shape and nature of democracy in the coming age. As such, in the Mauritian context, the consumer is protected under many legislative laws. Amongst other, the Consumer P rotection Act 1998 and the Fair Trading Act 1988. Below, here are some sections of the Consumer Protection Act of 1998 and the full version of the implemented Fair Trading Act 1988. Consumer Protection Act 1998 (some sections) 3. Maximum price (1) The Minister may, by regulations, fix the price of any goods specified in the First Schedule. A trader who sells or supplies any controlled goods at a price higher than that which has been fixed shall commit an offence. (2) 4. (1) Maximum mark-up The Minister may, by regulations, determine the maximum markup of any goods specified in the Second Schedule. A trader who sells or supplies any controlled goods at a price which includes a mark-up which exceeds the maximum mark-up shall commit an offence. Maximum recommended retail price (1) The Minister may establish a Code of Practice to provide for the method to be adopted for the determination of the maximum recommended retail price of goods other than controlled goods and, where he intends to do so, he shall give notice of the Code of Practice by its publication in the Gazette. 9 (2) 5. (2) Where a Code of Practice has been established under subsection (1), no trader shall act in breach of the Code of Practice. A trader who sells or supplies any goods for which there is a maximum recommended retail price shall affix a label in a conspicuous place on a specimen on any such goods indicating the maximum recommended retail price. A trader who affixes, in relation to goods referred to in subsection (1), a maximum recommended retail price provided for in the Code of Practice shall commit an offence. (3) (4) 6. Illegal charging of VAT A trader who, whilst selling or supplying any goods ââ¬â (a) charges VAT where VAT is not chargeable by him; (b) (b) charges a higher rate or amount of VAT than is lawfully chargeable, shall commit an offence. . Price label (1) Where VAT is chargeable by a trader in respect of any goods, the trader shall affix a label in a conspicuous place on a specimen of the goods indicating the total selling price of the goods inclusive of VAT. (2) Where VAT is not chargeable by a trader on any goods, the trader shall affix a label in a conspicuous place on a specimen of the goods indicatingââ¬â (a) the selling price; and (1,) that the amount of VAT is NIL. (3) (4) A trader who fails to comply with subsection (1) or (2) shall commit an offence. For the purposes of this section, the Minister may prescribe the form or colour of a label or any distinctive mark which such label shall bear. 10 8. Selling at a price higher than that displayed (1) No trader shall sell any goods at a price which is higher than the price shown on a label affixed pursuant to section 7. A person who fails to comply with subsection (1) shall commit an offence. (2) 9. Misleading price indication A trader who gives (by any means whatever) to any consumer an indication which is misleading as to the price at which any goods are sold or supplied shall commit an offence. Fair Trading Act 1988 1. Short title. This Act may be cited as the Fair Trading (Amendment) Act 1988. 2. Interpretation. In this Actââ¬Å"principal Actâ⬠means the Fair Trading Act. 3. Section 6 of the principal Act amended. Section 6 of the principal Act is amended by adding immediately after the word ââ¬Å"competitionâ⬠the words ââ¬Å"or of promoting, establishing or observing any exclusive sales agreement or monopoly in connection with the production and supply of goods, branded or otherwise, or of services. â⬠4. Section 13 of the principal Act amended. Section 13 of the principal Act is amended by deleting the words not exceeding 10,000 rupeesâ⬠and replacing them by the words not less than 10,000 rupees and not exceeding 50,000 rupeesâ⬠. 11 5. Section 14 of the principal Act amended. Section 14 of the principal Act is amended by deleting the words and to imprisonment for a term ââ¬Å"and replacing them by the words together with a term of imprisonmentâ⬠. These pieces of legislative law are here to protect consumers against abuse. Being a mixed law, some of the laws have been translated into English as in many issues it is the ââ¬Å"Code Civil Mauricienâ⬠and the ââ¬Å"Code de Commerceâ⬠which is mainly used. At international level, particularly in England, protection in criminal law falls into three main categories: (i) (ii) (iii) Unsafe goods- Consumer Protection Act 1987 Part II and the General Product Safety Ragulations 1994 Trade Description Act 1968 Misleading price- Consumer Protection Act 1987 Part III Then again, the position of Mauritius concerning Consumer protection laws, ts practice and enforcement are contemptible and our small budding island lags behind in the specific field as compared to countries such as France, the United Kingdom, and the United States. In this light, our current system lacks the administrative machinery for a strong consumer umbrella. Our fellow consumers are therefore not sufficiently sensitized about the existence and the recurrent themes of the consumer laws that shield them from eventual harm or abuse by traders, businesses and other groups which are usually better equipped and more resourceful than the general consummating public. Consequently, the lack of knowledge about these laws creates a situation where the ignorant consumer has to face new sales techniques, ruthless publicity and marketing of a large variety of goods and services in the market, such that the latter is in no position to assess the defects and shortcomings that might be found therein. On the other hand, the suppliers are tempted to follow diverse unfair practices such as sub-standard quality, adulteration, incorrect quantity and excess pricing amongst others. 2 Breakthrough in the Consumer Protection Laws It would however be unjust to belittle the work of our Legislature who has made several provisions in accordance with the consumer welfare state and the demand and supply for consumer goods and services, as a result of the expansion in technological and industrial fields. The Legislature enacted laws intended to protect the consumer against deceit, injury and exploitation, among which are: 1. The Civil Code 2. The Hire Purchase Act 1964 3 . The Supplies Control Act 1972 4. The Fair Trading Act 1979 5. The Trade Marks Act 6. The Consumer Protection Act 1991 7. The Consumer Protection (Price and Supplies Control) Act 1998 8. The Food Act 1998 The Consumer Protection Act of 15 June 1991 seeks to extend the reach of protection to the consumer and eventually develop into the proper safety of the consumer. Regrettably, its aims are less achievable as the application is limited to certain products only. (Refer to S3 (2)). Sect. : Consumer Protection Act The General Safety Requirements: (1) No person shall apply any goods which suffer from any fault with regard to any prescribed quality, quantity, potency, priority or standard or in the case of any machinery or motor vehicle, with regard to the quality, nature or manner of its performanceâ⬠. (2) This section shall not apply to(a) growing crops or things comprised in land by virtue of being attached to it (b) water, food, animal feed or chemical fertilizer (c) aircraft 13 ( d) drugs or medicine (e) tobacco and (f) goods intended exclusively for export under the Export Processing Zone Certificate. A more considerable addition to the existent consumer laws is found in section 5 of the Consumer Protection Act which endows the enforcement authority with a slightly additional power of control over the supply of goods which might not safe for use or consumption. This Act has mainly repeated fundamental provisions of other laws without concretely solving new practical problems, for example, in the revision of standards in contract. Moreover, consumer movement is more accessible to the elitist community and fails to mobilize the masses, who are the real victims of the system since they are confronted to financial constraint. ACIM as an advocate of consumer rights Fortunately some particular consumer oriented private organisations have stepped forward for the rights of the end user but the most recognisable of these organisations is most probably ââ¬Å"lââ¬â¢Association des Consommateurs de lââ¬â¢Ile Mauriceâ⬠(ACIM), who has made a laudable effort into making the most regarding the protection of the consumer, the needs of the Mauritian consumer and has aroused a lot of questions about certain government practices which could prove to be prejudicial to the consumer. Thus ACIM has not only created a means of assistance to the public in matters dealing with the abuse and violation of consumer protection laws but has also proved to be the acting watchdog in hindering practices (again referring to the unfair business practices), that are detrimental to the consummating community, be it governmental decisions or supply and service provider faults. Also, this particular association has over the years stressed on a number of disturbing facts and alarming situations about the Mauritian consumer laws and their adherence. One such troubling and at the same time unfortunate fact is that the laws concerning the rights and the protection of the consumer are too decentralized, that is the local authorities that include municipal or district councils each have their own respective ways of interpreting the laws in their areas of jurisdiction. In so doing, the consumer laws are in a certain sense baffled by territory issues, despite the fact that Mauritius is seen as a considerably small island, making it not only difficult to understand exactly what laws are applied 14 n the interest of the consumer in different regions but also to deal with the various implications the laws hold in their relevant territories. Below are a few of the major achievements and projects of ACIM in the past years: 1. In 1992, ACIM in alliance with other NGOââ¬â¢s succeeded in holding the proposal for the construction of a nuclear power station by the Minister of Engery, on grounds that it would both be uneconomical and environm entally unsound. 2. In 1990, ACIM won a major victory against the Central Electricity Board when this public enterprise was ordered by a Supreme Court judgment to reimburse 182,777 electricity consumers for the unlawful double billing of electricity charged for the month of June 1986. The total amount reimbursed was 38 Million Rupees, interest inclusive. 3. In 1989, the Mauritius Broadcasting Corporation (MBC) increased the license fee of consumers by 400%. ACIM launched a national protest and managed to make the government back for 26% of the consumers. In addition, ACIM entered a court case to contest the constitutionality of a regulation that was made by government threatening to cut electricity supply if people refused to pay the totality of their TV license fee. Judgment was delivered in January 1992 by the Supreme Court. ACIM won the case. When looking at these particular cases, we finally get to understand a little more of just how complex the consumer laws and their applications in terms on consumer protection are. The right to Safe Environment One noteworthy fact, that should presently be a major concern to the world in general and specially to our small island, in terms of its geographical situation, is the right of consumers to enjoy a safe environment. Is it a sad truth that the private organizations here in Mauritius have limited resources and are incapable of really drawing the governmentââ¬â¢s attention towards this phenomenon that is starting to affect not only us but the world as a whole. 15 The need for environmental conservation is seen as a necessary defense against deteriorating quality of life worldwide. All consumers are victims of contaminated food and water supply, pesticide-ridden food, adulterated milk and choking exhaust fumes emitted from vehicles. According to a World Bank report, India is being pushed back due to its high environmental costs which implicates 24,500 Million Indian Rupees each year in terms of air and water pollution alone. Valuable resources and man-days are lost due to polluted environment and living conditions. Consumers need to understand that only a safe environment can ensure the fulfillment of their consumer rights. Hopefully, ââ¬Å"Consumers Internationalâ⬠, a nodal agency of consumer organizations worldwide, has set up a number of guidelines for ensuring the consumersââ¬â¢ right to safe environment. A few of these major guidelines are; 1. Promoting the use of products which are environmentally sustainable. 2. Encouraging recycling. 3. Requiring environmentally dangerous products to carry appropriate warnings and instructions for safe use and disposal 4. Promoting the use of non-toxic products by : a. Raising consumer awareness of alternatives to toxic products. b. Establishing procedures to ensure that products banned overseas do not enter national markets. c. Ensure that the social impacts of pollution are minimized. d. Promote ethical, socially and environmentally responsible practices by producers and suppliers of goods and services. These measures therefore ensure that the consumer is not abused of in terms of environment and that the latter enjoys the fundamental right of the human being to have access to a sound environment. The right to Safety Consumer right to safety is as vast in its purview as the market reach itself. It applies to all possible consumption patterns and to all goods and services. In the context of the new market economy and rapid technological advances affecting the market, the right to safety has become a pre-requisite quality in all products and services. For instance, some Indian products carry the ISI mark, which is a symbol of satisfactory quality of a particular product. The market has for a long time made consumers believe that by consuming packaged food or mineral 16 water, consumers can protect their health but this notion has been proved wrong time and again due to rampant food adulteration in market products. Right to the food safety is an important consumer right since it directly affects the quality of life of the consumers. The end note All of these measures therefore converge in the same global direction of safeguarding the basic rights of the consumer; that is for the consumer to enjoy the best quality and standards in all aspects of their lives, but the real question we are inclined to ask ourselves is whether the consumer of today is even aware of the benefits the consumer laws bestow on them or do they simply take pleasure in hiding under the shields of a panoply of invisible laws? The awareness of the existence of these laws is certainly of utmost importance; nevertheless the most vital interrogation in the communities worldwide should be about the survival of these laws and their enforcement over the test of time for the benefit of the consumer and consequently, the viability of all types of markets. 17 How to cite Consumer Law in Mauritius, Essays
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